Free P@lestine 🏳️🌈🏳️⚧️ 🔞
@vanderwaardart.bsky.social
They/them or she/her, pan, 38; anti-fash and BDSM author, sex worker, indie researcher, erotic artist/pornographer, no AI 🔞 MDNI
my book (promo page): https://vanderwaardart.com/book_gothic_communism
partner to @barkingonmain.bsky.social
my book (promo page): https://vanderwaardart.com/book_gothic_communism
partner to @barkingonmain.bsky.social
Reposted by Free P@lestine 🏳️🌈🏳️⚧️ 🔞
The outtakes for this picture are also hilarious 💖😂 He was having fun I swear.
December 3, 2025 at 11:39 PM
The outtakes for this picture are also hilarious 💖😂 He was having fun I swear.
Also, I hesitated to agree "Trash slandered The Kavernacle" to Sunday because I don't think Trash did; i.e., legally unto a public figure, where civil prosecution must prove actual malice: statements of fact (not opinion) made knowing they were false. It's the highest burden of proof for defamation.
![Excerpt from section about slander, public figures and actual malice: https://nicksmovieinsights.com/2025/10/follow-up-white-moderates-still-dont-challenge-fascism.html
[…] The material within is written/speaks about public figures and popular media for purposes of education, satire, transformation and critique, hence falls under Fair Use regarding copyright and free speech regarding defamation; i.e., defamation—be it slander or libel (spoken or written)—requires a statement, specifically a statement of fact, to be false, and defamation of a public figure requires false statements thereof to have been made with actual malice, or knowing they were false when making them (see: third point below). Except opinions aren't statements of fact; opinions = free speech, which is unfalsifiable and protected, therefore isn't defamation. Regarding my use of the word "fascist" and "racism," these opinions aren't made with actual malice against public figures, but fall under my expertise as a researcher on these topics about public figures; i.e., in ways I believe are true (as matters of opinion) while giving my findings to the public (on YouTube or elsewhere): when describing people that, in my researcher's opinion, have fascist, ergo racist qualities, per my body of work (see: footnote for how calling someone fascist/racist isn't defamation; i.e., apart from hate speech and the open promotion of criminal activity—specifically hate crimes—through a given belief system, fascism and racism more broadly aren't strictly criminal in America, but political beliefs protected under free speech like all opinions are; e.g., someone can legally identify as a Nazi in the US, and even opine how they think the West is "superior" to other cultures, and doing so is perfectly legal provided it demonstrably stays a matter of opinion; re: not hate speech that actively and nakedly endorses and encourages hate crimes: free speech protects minorities and bigots alike).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:d2545ppta4lpznhyjvs4tl6p/bafkreibuccygpmuopffwj4ugfqtd2xvlktlbpsbyx3wqkdxa7bdzlwjk5u@jpeg)
![excerpt 2/2 from my disclaimers on slander and proving actual malice versus public figures; re:
[...] My work is not a criminal accusation, then, but an academically-informed opinion regarding people I think are acting fascist, therefore racist. Opinions, in America, are free speech in the legally protected sense; i.e., something cannot be defamation regarding public figures unless it is demonstrably false—as a statement of fact but also actual malice, which opinions cannot be: the legal standard is far higher for public figures, because "actual malice" is a legal burden of proof that specifically applies, during defamation cases, to public figures[1a]. As Cornell Law School writes, "A public figure is an individual who has assumed roles of especial prominence in the affairs of a society or thrust themselves into the forefront of particular public controversies to influence the resolution of the issues involved [emphasis, me ...]. Public figures also include individuals who have achieved pervasive fame or notoriety. Whether a party is a public figure is a question of law for the court. Public figures who wish to recover for injury to reputation must establish that the defendant acted with actual malice. Actual malice requires clear and convincing evidence that the defamatory falsehood was made with knowledge of its falsity or with reckless disregard for the truth" (source).
I understand my opinions to be true as matters of opinion; re: per myself as a researcher of various public figures I am critiquing per my research for matters of education/public safety (fascism is dangerous). [...]
Hence, the people I criticize would appear to classify as public figures per CLS's definition as I understand it; i.e., insofar as they operate publicly as such, versus private citizens who don't operate in public view for money and/or fame, but also public sway—specifically the ability to sway public opinion over different topics of dispute [...]](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:d2545ppta4lpznhyjvs4tl6p/bafkreig4lx6gepzkllicyvn34pzv2a36n4dj43y5akxxvzndtccflgskue@jpeg)
December 5, 2025 at 8:52 PM
Also, I hesitated to agree "Trash slandered The Kavernacle" to Sunday because I don't think Trash did; i.e., legally unto a public figure, where civil prosecution must prove actual malice: statements of fact (not opinion) made knowing they were false. It's the highest burden of proof for defamation.
Absolutely! And thank you, comrade!
a man is riding a tractor with the words `` for happy gilmore ... anything '' written on the screen .
ALT: a man is riding a tractor with the words `` for happy gilmore ... anything '' written on the screen .
media.tenor.com
December 5, 2025 at 3:49 AM
Absolutely! And thank you, comrade!
Would you like to do a small custom, comrade? :)
December 5, 2025 at 1:48 AM
Would you like to do a small custom, comrade? :)
Hiya, Jules! Do you take customs? I write and illustrate a book series on sex positivity/universal liberation through Gothic poetics. Basically I pay sex workers to pose nude, draw them based on the shoot, and feature both in my series/on my site and plug everything. Lmk if that'd be fun! ^^
December 4, 2025 at 8:59 PM
Hiya, Jules! Do you take customs? I write and illustrate a book series on sex positivity/universal liberation through Gothic poetics. Basically I pay sex workers to pose nude, draw them based on the shoot, and feature both in my series/on my site and plug everything. Lmk if that'd be fun! ^^
Agree to disagree.
December 4, 2025 at 1:35 PM
Agree to disagree.
happy belated b-day, comrade! <3
December 3, 2025 at 10:38 PM
happy belated b-day, comrade! <3